Benefits of Non-Adversarial Divorce for Same-Sex Couples

Are you and your same-sex partner contemplating divorce? Perhaps you’re feeling overwhelmed and constrained by New York’s divorce laws that don’t necessarily reflect the reality of the life you’ve built with your soon-to-be ex. Fortunately, there are non-adversarial divorce options that can make the process smoother and fairer for both parties: Mediation and Collaborative Divorce.

New York was the sixth state in the country to recognize same-sex marriages. It wasn’t until 2011 that same-sex couples could tie the knot in the Empire State. However, many couples had been together for years, even decades, before marriage equality became a reality. During that time, as they waited for same-sex marriage to become legal, they built committed lives together by sharing homes, accumulating assets, and building families through surrogacy, adoption, or sperm donation.

If you are in a same-sex marriage and are navigating its dissolution, it’s crucial to consider four reasons why a non-adversarial approach, such as Collaborative Divorce or Mediation, could be particularly beneficial for you and your spouse.

1. Respect for Pre-Marital Commitments: The beauty of non-adversarial divorce lies in its ability to recognize the entirety of your relationship, not just the legal marriage. You and your partner may have shared finances, property, and parental responsibilities long before saying “I do.” By opting for Mediation or Collaborative Divorce, you can ensure that your pre-marital contributions to the relationship are acknowledged and considered in the divorce settlement.
2. Complex Family Dynamics: Same-sex couples often have unique family structures involving surrogacy, adoption, or donor arrangements. Non-adversarial divorce allows you to address these complexities with sensitivity and flexibility. Whether you need to establish parental rights for a non-biological parent or create agreements with third-party contributors to your child’s upbringing, keeping the process out of court ensures that your family’s unique needs are met.
3. Equitable Division of Property: New York law may not always reflect the reality of joint assets acquired during your relationship. A non-adversarial divorce enables you to negotiate property division based on your true contributions and involvement. Whether it’s a valuable collection, investments, or real estate purchased together, collaborative negotiation allows for a fair distribution that honors both partners’ investments, whether financial or emotional.
4. Flexible Spousal Support Arrangements: Spousal support guidelines in New York are tied to the duration of the marriage. However, these guidelines may not adequately address the needs of same-sex couples, particularly those who were together long before marriage became legal. When you keep your divorce out of court, you will have more flexibility to negotiate spousal support terms that reflect the true nature of your relationship and the financial circumstances of both partners.

Contact Vacca Family Law Group

For same-sex couples seeking a divorce, a non-adversarial approach offers a constructive way forward. By embracing Collaborative Divorce or Mediation, you can address key issues such as Property Division and Child Custody with mutual respect and understanding. Non-Adversarial Divorce Options allow you to move forward with your lives while preserving important relationships and shared history.

At Vacca Family Law Group, we are committed to redefining the divorce experience for all couples, including those in the LGBTQ+ community. Our collaborative attorneys and mediators have a keen understanding of the nuanced dynamics involved in same-sex relationships and provide empathetic guidance tailored to each client’s unique needs. Whether you’re considering divorce now or in the future, our non-adversarial approaches ensure a smoother transition for all parties. Call us at (646) 798-4603 or contact us online for more information or to schedule your free introductory call.

Vacca Family Law Group is located at One Grand Central Place, 60 E. 42nd St., Suite 700, New York, NY 10165.